A significant portion of Nicole’s practice is devoted to the representation of health care providers in state and federal criminal investigations and prosecutions, and parallel civil proceedings. She has successfully defended clients in a variety of related areas, including workers’ compensation fraud, false billing, improper referrals, compound medications, and physician-owned distributorships.

Nicole also has extensive experience defending clients in criminal matters related to government contracting fraud, mortgage fraud, and labor violations, as well as civil qui tam actions and business disputes.

Prior to joining Bird Marella in 2012, Nicole served as law clerk to the Honorable Josephine Staton of the United States District Court for the Central District of California and practiced for three years as a litigation associate at Skadden, Arps, Slate, Meagher & Flom LLP.

Representative Cases

Achieved complete dismissal of civil complaint alleging company executive engaged in fraud, misrepresentations, and civil conspiracy in connection with government contracts, and dismissal of all fraud and misrepresentation counts against the company.

Achieved dismissal of 26 felony counts on behalf of employee of construction firm charged with wage theft and fraud.

Won dismissal of 24 charges in a high profile grand jury indictment described by the Los Angeles County District Attorney’s Office as the largest health care fraud in California history. Twenty-one of the now-dismissed counts carried a potential life sentence.

Obtained dismissal of 89 out of 90 counts, including counts of insurance fraud and involuntary manslaughter, on behalf of a client accused of allegedly masterminding a $100 million medical workers’ compensation fraud scheme. After obtaining an order from the California Supreme Court requiring the review of the Orange County District Attorney’s grand jury practices, the Court of Appeal granted a writ petition, resulting in the Court dismissing all but one count.

Represented a physician accused of accepting kickbacks and falsifying billing records in a federal health care fraud investigation. The client was granted immunity as a result of Nicole’s efforts.

Achieved dismissal of claims brought against the Chairman and CEO of a health care company in a civil case involving alleged improper billing, unfair competition, and fraud.

Obtained complete dismissal of a federal action seeking contribution from an international law firm under Section 18(b) of the Securities Act of 1934.

Affiliations

14 Bird Marella principals have been recognized and selected by their peers for inclusion in the 2019 edition of Best Lawyers in America. Best Lawyers is based on an exhaustive peer-review survey in which more than 50,000 leading attorneys cast nearly 5 million votes on the legal abilities of other ...

Bird Marella is proud to announce that principals Ariel Neuman, Timothy Yoo, and Nicole Van Dyk have been recognized by Benchmark Litigation as leading litigation attorneys under 40 years of age in its annual Under 40 Hot List. To see the full ...

Bird Marella attorneys Nicole Van Dyk, Kimberley Miller, Fanxi Wang, and Gopi Panchapakesan have been selected by Super Lawyers as 2018 Rising Stars. This is the third consecutive year that both Nicole (white-collar litigation) and Kimberley (white-collar litigation) have been selected. This is ...

Bird Marella attorneys Ariel Neuman, David Chao, Nicole Van Dyk, Kimberley Miller, Doug Fretty, and Timothy Yoo have been selected by Super Lawyers as 2017 Rising Stars. This is the third consecutive year that both Ariel (white-collar litigation) and David (civil litigation) have been selected. For the ...

Bird Marella is proud to announce the elevation of Nicole Rodriguez Van Dyk to principal. Since joining the firm as an associate in 2012, Mrs. Van Dyk has successfully established a practice focused on civil and criminal matters for business and health care professionals.
"I am honored to ...

Bird Marella attorneys Ariel Neuman, Nicole Van Dyk, Kimberly Miller, David Chao, and Doug Fretty have been selected by Super Lawyers as 2016 Rising Stars. This marks the second consecutive year that both Neuman and Chao have been selected, with Neuman being recognized for his work in white-collar litigation, ...

Bird Marella attorneys Benjamin Gluck, Ariel Neuman, and Nicole Van Dyk won dismissal of the 21 most serious charges in a high profile grand jury indictment against two physicians, a chiropractor, and eight employees and associates of a workers compensation healthcare provider.
Each of the 21 now-dismissed counts ...